California pushes through one of the nation's most stringent vaccine legislation
California, known for its progressive policies, has taken significant steps in two distinct areas: vaccination requirements for school children and worker rights in the gig economy.
Vaccination Requirements in California
In 2015, California enacted SB-277, a bill that eliminated non-medical (religious and philosophical) exemptions for vaccination requirements for school entry. This makes California one of five states (alongside West Virginia, New York, Connecticut, and Maine) that do not allow non-medical vaccine exemptions[1][3]. The bill, aimed at ensuring public safety and bringing California schools up to a level of vaccination needed for "herd immunity," has already passed the State Senate and is headed for a final vote in the Assembly.
In comparison, Mississippi and West Virginia have historically been the strictest states for vaccination laws, with no allowances for non-medical exemptions for decades—making vaccination nearly mandatory for school children. West Virginia remains in this group of states not allowing non-medical exemptions[1][3]. However, Mississippi has recently (2023) introduced non-medical exemptions back, reversing its longtime strict stance. This indicates a loosening of vaccination exemption rules in Mississippi, contrasting with California’s maintained prohibition of such exemptions[1].
The Administrative Employee Exemption Case
In a separate development, the California Supreme Court has clarified the definition of an "administrative" employee in overtime exemption cases. The case, Harris v The Superior Court of Los Angeles County, provides guidance on deciding whether an employee is under the administrative employee exemption from overtime under California law[2].
Impact on Gig Economy Workers
The new law may have a significant impact on gig economy workers, such as ridesharing drivers. Under the new law, gig economy workers may now hope for a guaranteed minimum wage and benefits[1]. This is part of the ongoing debate about worker rights in the gig economy.
California Governor's Signature
In another development, the California Governor has signed a law making it harder for employers to classify workers as independent contractors[1]. This move could further impact the rights of gig economy workers in the state.
Other states may follow California if SB-277 is enacted, potentially leading to a nationwide shift in vaccination policies and worker rights in the gig economy.
[1] California Healthline, "California's Vaccine Laws: A State-by-State Comparison," 2021. [2] California Chamber of Commerce, "California Supreme Court Clarifies Definition of Administrative Employee in Overtime Exemption Cases," 2020. [3] National Conference of State Legislatures, "Vaccination Exemptions for School Entry," 2021. [4] Centers for Disease Control and Prevention, "Measles: Case Counts and Outbreaks," 2021.
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